Important Florida Lien Law Update

Brian A. Wolf | Smith Currie & Hancock Under Florida law, a claim of lien must be recorded in the real property records within 90 days of the claimant’s last date of work. Many contractors and subcontractors wait as long as possible before recording a claim of lien to exhaust efforts to obtain payment without… Continue reading Important Florida Lien Law Update

Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts are “Readily Observable”

David Adelstein | Florida Construction Legal Updates Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim:  “[W]here the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to… Continue reading Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts are “Readily Observable”

Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act

David Adelstein | Florida Construction Legal Updates Florida’s Underground Facility Damage Prevention and Safety Act is set forth in Florida Statutes Chapter 556.  Any owner or operator of underground infrastructure as well as contractors that perform underground excavation and demolition operations are familiar (or, need to be familiar) with this Act and the requirements it imposes on… Continue reading Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act

Lights, Camera, Action: Florida Court Rules Insured Can Record Appraisal Inspection

Timothy Engelbrecht and Bret Freeman | Butler Weihmuller Katz Craig On July 7, 2021, Florida’s Fourth District Court of Appeal ruled that an insured may electronically record an insurer’s appraiser during an inspection of the insured’s property.  The case is Silversmith v. State Farm Ins. Co., 2021 WL 2910240, 4D20-2685 (4th DCA July 7, 2021). The… Continue reading Lights, Camera, Action: Florida Court Rules Insured Can Record Appraisal Inspection

Condo Collapse: Everyone Will Point Fingers But Florida Laws Narrow Liability

Tom Hals | Insurance Journal The collapse of a condominium tower near Miami will set off years of litigation as victims and their families look to find fault among the building’s management as well as engineers, architects and others, according to legal experts. Disaster struck in Surfside, Florida, on June 24 as a major repair… Continue reading Condo Collapse: Everyone Will Point Fingers But Florida Laws Narrow Liability

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